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FISHER v. MIAMI-DADE COUNTY

No. 3D03-1176.

883 So.2d 335 (2004)

Rosa Lee FISHER, individually and as Personal Representative of The Estate of Mark Anthony Fisher, Deceased, Appellant, v. MIAMI-DADE COUNTY, a political subdivision of the State of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 13, 2004.

Attorney(s) appearing for the Case

Jay Rothlein, Miami Beach, for appellant.

Robert A. Ginsburg, Miami Dade County Attorney, and Stephen A. Stieglitz, Assistant County Attorney, for appellee.

Before SCHWARTZ, C.J., and GERSTEN, and WELLS, JJ.

GERSTEN, J.

Rosa Lee Fisher, individually ("plaintiff"), and as the personal representative of Mark Anthony Fisher ("Fisher"), appeals the trial court's order granting Miami-Dade County's ("County") motion for summary judgment. We affirm.

The pertinent facts are undisputed. In the early morning hours of January 17, 1997, Fisher was a passenger in a car driven by his friend, Robert Williams ("Williams"). At approximately 1:00 a.m., three men observed Williams...

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